MOTOR DEALERS AND CHATTEL AUCTIONEERS ACT 2014 - SECT 158
Chief executive must consider suitability of applicants
MOTOR DEALERS AND CHATTEL AUCTIONEERS ACT 2014 - SECT 158
Chief executive must consider suitability of applicants
158 Chief executive must consider suitability of applicants
(1) The chief executive must, when deciding whether a person is a suitable
person to hold a registration certificate, consider each of the following
things—
(a) the person’s character;
(b) whether the person held a licence
or registration certificate under a relevant Act that was suspended or
cancelled under the relevant Act;
(c) whether an amount has been paid from
the fund because the person did, or omitted to do, something that gave rise to
the claim against the fund;
(d) whether the person has been disqualified
under a relevant Act from being the holder of a licence or registration
certificate within the meaning of the relevant Act;
(e) whether, within the
previous 5 years, QCAT, the former tribunal or the District Court has made an
order under this Act or PAMDA adverse to the person;
(f) the person’s
criminal history;
(g) if the person is an insolvent under administration—
(i) the circumstances giving rise to the person being an insolvent under
administration; and
(ii) whether the person took all reasonable steps to
avoid the coming into existence of the circumstances that resulted in the
person being an insolvent under administration; and
(iii) whether the person
is in a position to influence significantly the management of a motor
dealer’s business;
(h) whether the person has been convicted of an offence
against a relevant Act or the Administration Act ;
(i) whether the person is
subject to a relevant control order;
(j) whether the person is capable of
satisfactorily performing the activities of a motor salesperson;
(k) whether
the person’s name appears in the register of persons disqualified from
managing corporations under the Corporations Act ;
Note—
See the
Corporations Act , section 1274AA (Register of disqualified company directors
and other officers).
(l) another thing the chief executive may consider
under this Act.
(2) However, the chief executive, when deciding whether a
person is a suitable person to hold a registration certificate, may not have
regard to criminal intelligence given by the commissioner to the chief
executive under section 230A.
(3) If the chief executive decides a person is
not a suitable person to hold a registration certificate, the chief executive
must give the person an information notice about the decision within 14 days
after making the decision.